Based on what little factual information is available, yes he should face murder or manslaughter charges.
Firstly, under UK law it is an offence to carry a weapon or tool with a flixed blade outside of your own property unless:
* You can demonstrate you are transporting it from a place of sale, to your home/storage.
* You can demonstrate you are transporting it from your home/storage to a place of sale.
* You can demonstrate you are transporting it from home/storage to a workplace where it will be used in the course of your employment.
* You can demonstrate you are transporting it from home/storage to a place of training (martial arts weapons).
And that during transport, the item must be kept secure, in such a way that it is not easy to unsecure the item and use it as a weapon.
He was carrying a kitchen knife because he feared for his own safety. From the linked article:
He retaliated and repeatedly stabbed Bradley with a knife he had taken from home because he feared for his safety.
That is in direct contravention of UK statute law. The law does not allow the carriage of weapons for self defence under any circumstances, military
and police excepted. So at the very least, he would get possession of an offensive weapon. If the attacker had not died as a result, he would get
actual bodily harm with an offensive weapon.
The UK does allow you to use "reasonable force" in the course of self defence. What is considered to be "reasonable force" is judged on a
case-by-case basis by the court
, not by the police. The police have to arrest you regardless, as its not their job to make that determination.
Generally, if someones swinging punches at you, and you grab a nearby tree branch and club them unconscious with it, thats not reasonable force, as
you were armed and them not. Its a huge grey area, and really does need redefining, but its what we have to work with at the moment.
If you were carrying the item specifically for self defence, then its never considered 'reasonable force', because you are seen to be out looking
for trouble. I was always taught, for this reason, to carry a rolled up newspaper. It hurts like fek when hit with it, but you can argue you were just
carrying reading matter.
As to the incident itself, if he had stabbed the guy during the initial altercation, then I would side with him, that it was self defence, albeit with
an illegally carried weapon.
The fact that the attack was over, and he then CONFRONTED the attacker, he became the aggressor, and it was no longer self defence. Sorry.